rental development workshop part ii
DESCRIPTION
Rental Development Workshop Part II. Michigan’s Campaign to End Homelessness Housing Initiatives 2008-2009. November 13, 2007 Email Questions to: [email protected] MSHDA -Guy Stockard, Christine Miller, Will Moseng CSH – Stephanie Hartshorn GLCF – Jillyn Smith. - PowerPoint PPT PresentationTRANSCRIPT
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Rental Development WorkshopPart II
Michigan’s Campaign to End Michigan’s Campaign to End Homelessness Housing Homelessness Housing
InitiativesInitiatives 2008-20092008-2009 November 13, 2007
Email Questions to: [email protected]
MSHDA -Guy Stockard, Christine Miller, Will Moseng
CSH – Stephanie Hartshorn
GLCF – Jillyn Smith
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Project Compliance and Reporting Requirements
• Maintain Tenant files.
• Submit Quarterly Financial Reports.
• IST conducts status meetings
• Provide Regional Communication regarding best practices
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Payments in Lieu of Taxes(PILOTs)
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• Created under Section 15a of the MSHDA Act (MCL 125.1415a).
– Provides for exemption from all ad valorem property taxes if the develop-ment qualifies.
– Provides for a payment in lieu of taxes.
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• Qualified developments.– Must be owned by an eligible entity.
• Limited dividend Housing Association (MCL 125.1481, et seq.).
• Non profit housing corporation (MCL 125.1461, et seq.).
• Consumer housing cooperative (MCL 125.1471, et seq.)
• Various mobile home parks.
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• Must be subject to a federally-aided or Authority-aided mortgage.
– Authority-aided mortgage is a mortgage made, held purchased or assisted by MSHDA.
– Federally-aided mortgages:
• A below market interest rate mortgage insured, purchased, or held by the secretary of the department of housing and urban
development.
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• A market interest rate mortgage insured by the secretary of the depart ment of housing and urban development and augmented by a program of rent supplements.
• A mortgage receiving interest reduction payments provided by the secretary of housing and urban development.
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• A mortgage on a housing project to which MSHDA allocates low income housing tax credits.
• A mortgage receiving special benefits under other federal law desig nated specifically to develop low and moderate income housing, consistent with the act.
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• Amount of PILOT.
– 10% of annual shelter rents, or the tax on the development in the year before construction or rehabilitation began.
– For new construction, it is the greater of the above amounts.
– For rehabilitation, it is the lesser of the above.
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Annual shelter rents are the total collections during a year from all occupants of a housing project repre- senting rent or occupancy charges, exclusive of charges for gas, electricity, heat, or other utilities furnished to the occupants.
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• Duration: as long as the mortgage is outstanding, but no more than 50 years.
• Portions of the development not occupied by low income families is subject to ordinary property tax.
– Applies to commercial space rather than residential tenants.
– Pursuant to the Act, “low income persons and families” are defined as persons or families eligible to live in the development.
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• Virtually all provisions may be changed by ordinance.
– Can eliminate PILOTs entirely
– Can extend or shorten the term.
– Can raise or lower the annual payment.
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– Can limit PILOTs to certain types of developments.
– Can limit PILOTs to certain types of financing
– Cannot make PILOT greater than the taxes that would otherwise be paid.
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• Payments are divided among the various taxing authorities in the same proportions as the taxes were divided in the year before the PILOT.
• The state will not reimburse a local unit for any taxes lost.
• Owner must notify the local assessor of the PILOT.
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– Notification must be filed by November 1 of the year before the PILOT is to take effect.
• MSHDA views this as a ministerial act, not a requirement for obtaining a PILOT.
• Assessor may accept notification and remove development from tax rolls as long as notification is filed by December 31.
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– Owner sends notification to MSHDA for approval.
– MSHDA approves and sends to assessor.
– For authority-aided mortgage, owner only files once.
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– For federally-aided mortgage:
• Owner must send organizational documents and copy of the mortgage to MSHDA with the notification.
• After the first year, the owner must send a verification to MSHDA each year (not sent on to assessor).
• We are working on what to do when the mortgage is discharged.
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Non Profit Housing Corporations
(“NPHCs”)
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• Formed under Chapter 4 of the MSHDA act (MCL 125.1461, et seq.)
– Must be formed as a non profit corporation.
– Must have “non profit housing corporation” as part of its name
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• Must have certain statutory provisions in its articles of incorporation (See act for exact wording).
– Purpose must be exclusively to serve low income persons and families
– Income shall be for corporate purposes, and not for the benefit of anyone else.
– Cannot be controlled by a for-profit entity seeking to increase income or decrease losses.
– Operations may be supervised by MSHDA or by a governmental agency designated by MSHDA.
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• Articles of incorporation must state that MSHDA can appoint a majority of the corporation’s board of directors under certain circumstances.
– The NPHC has received a loan, and it may not be repaid according to its terms.
– The NPHC has received a loan for the construction of a development, and the development is in danger of not being constructed.
– Income may be going to a private individual or firm.
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– The NPHC is controlled by a for-profit entity seeking to increase income or decrease losses.
– The NPHC is in violation of MSHDA’s rules.
– The NPHC is in violation of any of its agreements with MSHDA.
• NPHC must send its articles to MSHDA to be approved. MSHDA then files them with the corporations bureau.